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The Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002

S.I. 2002/2311 · Made 5 September 2002

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 5th September 2002

Laid before Parliament 10th September 2002

Coming into force

save for the purposes of regulation 3(2) 1st October 2002

for the purposes of regulation 3(2) 1st January 2003

The Secretary of State for Work and Pensions, in exercise of the powers conferred on him by sections 30A(6), 30E, 122(1), 171D(2), 171G(2) and 175(1) to (4) of, and paragraph 2(3) of Schedule 7 to, the Social Security Contributions and Benefits Act 1992f1 and of all other powers enabling him in that behalf, after agreement by the Social Security Advisory Committee and the Industrial Injuries Advisory Council that proposals in respect of these Regulations should not be referred to itf2, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 4. Section 30A was inserted by section 1(1) of the Social Security (Incapacity for Work) Act 1994 (c. 18) (“the 1994 Act”) and amended by section 64 of the Welfare Reform and Pensions Act 1999 (c. 30). Section 30E was inserted by section 3(1) of the 1994 Act. Sections 171D and 171G were inserted by section 6(1) of the 1994 Act. Section 175(1) and (4) was amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Sections 122(1) and 171G(2) are cited for the definitions of “prescribed”.

f2

See sections 170, 171 and 173(1)(b) of the Social Security Administration Act 1992 (c. 5).

Contents

  1. 1Citation and commencement
  2. 2Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982
  3. 3Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  4. 4Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995
  5. Signature
  6. Explanatory note

1Citation and commencement

These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force—

(a)

save for the purposes of regulation 3(2), on 1st October 2002; and

(b)

for the purposes of regulation 3(2), on 1st January 2003.

2Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982

In regulation 16 of the Social Security (General Benefit) Regulations 1982f1 (earnings level that does not disqualify for unemployability supplement) for the sum “£3,432” there shall be substituted the sum “£3,510”.

3Amendment of the Social Security (Incapacity Benefit) Regulations 1994

(1)

In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994f1 (limit of earnings from councillor’s allowance) for the sum “£66.00” there shall be substituted the sum “£67.50”.

(2)

In regulation 18(4) of those Regulations (re-claim of incapacity benefit after absence from Great Britain by claimant incapacitated in youth)—

(a)

sub-paragraph (c) shall be omitted;

(b)

for sub-paragraph (d) there shall be substituted—

“(d)

who made his claim for benefit on a day not later than 3 months from the end of the period of 196 days described in sub-paragraph (b).”.

4Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995

In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995f1 (exempt work) for the sum “£66.00” there shall be substituted the sum “£67.50”.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

Maria Eagle

Parliamentary Under-Secretary of State,

Department for Work and Pensions

5th September 2002

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Social Security (General Benefit) Regulations 1982, the Social Security (Incapacity Benefit) Regulations 1994 and the Social Security (Incapacity for Work) (General) Regulations 1995.

Regulation 2 amends regulation 16 of the Social Security (General Benefit) Regulations 1982 by increasing from £3,432 to £3,510 the amount which can be earned before disqualification from unemployability supplement.

Regulation 3 amends regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 by increasing the earnings limit for councillor’s allowance from £66.00 to £67.50. It also amends regulation 18 to allow a person who was previously entitled to incapacity benefit in youth to become entitled again after returning from an unlimited absence abroad.

Regulation 4 amends regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995 by increasing from £66.00 to £67.50 the weekly limit for earnings from work which may be undertaken by a person without his being treated as being capable of work.

These Regulations do not impose any costs on business.